WEST VIRGINIA CODE

WVC 18 B- 4 - 6
§18B-4-6. Regulation of parking, speed flow of traffic on campus
roads and driveways; civil and criminal penalties;
disposition of revenue.
(a) Notwithstanding any other motor vehicle or traffic law or
regulation to the contrary, a governing board may regulate and
control at any state institution under its jurisdiction the speed,
flow and parking of vehicles on campus roads, driveways and parking
facilities or areas.

(1) Rules for this purpose shall be promulgated by the
governing boards in the manner prescribed in section six, article
one of this chapter.

(2) When so promulgated, the rules have the force and effect
of law.

(3) The governing board shall post in a conspicuous location
in each parking facility or area, a summary of the rules governing
the use of the facility or area including, but not limited to, the
availability of temporary parking permits and where these permits
may be obtained and the penalties which may be imposed for
violations of the rules.

(4) The governing board shall post in a conspicuous location
along each campus road and driveway notice signs pertaining to the
speed of vehicles, spaces available for parking, directional flow
of traffic and penalties which may be imposed for violations of the
rules.

(b) Any person parking or operating a vehicle in violation of the rules shall be issued a citation:

(1) Describing the offense charged; and

(2) Ordering an appearance:

(A) Within ten days, excluding Saturdays, Sundays and holidays
observed by the state institution, before a designated official of
the institution;

(B) Before a magistrate located in the county if the person
cited fails to appear within the ten days; or

(C) Before the judge of the municipal court, if the state
institution is located within a municipality having such an
official and the person cited fails to appear within the ten days.

(c) The designated official of the state institution has
exclusive jurisdiction of the offense during the ten-day period
until the citation is forwarded to a magistrate. For the state
institutions of higher education under the jurisdiction of the
governing board of Marshall University and for the state
institution of higher education known as West Virginia University
only, the designated official of the institution has exclusive
jurisdiction of the offense for thirty days following the
violation. After thirty days the official shall forward the
citation to a magistrate. Any person cited may plead no contest to
the offense and, by so pleading, is subject to a civil penalty to
be determined uniformly by the designated official and commensurate
with the severity of the offense. For the state institutions under
the jurisdiction of the governing board of Marshall University and for the state institution of higher education known as West
Virginia University only, the amount imposed may not exceed $20.
For all other institutions the amount may not exceed $10, for each
offense as partial reimbursement to the state institution of higher
education for the cost of regulating traffic and parking. In the
case of the state institutions under the jurisdiction of the
governing board of Marshall University and in the case of the state
institution of higher education known as West Virginia University
only, the designated official shall determine the penalty
uniformly, commensurate with the severity of the offense, and may
apply academic restrictions in lieu of requiring a student to
appear in court and receive penalties otherwise provided in this
section. Moneys derived from civil penalties imposed in this
subsection shall be deposited in the institution's auxiliary and
auxiliary capital fees fund.

(d) Upon expiration of the ten-day or thirty-day period, as
applicable, or upon a pleading of not guilty before the designated
official of the state institution within the applicable period, the
magistrate or judge of the municipal court has jurisdiction of the
offense. Any person cited under this section, upon a finding of
guilty by the magistrate or municipal judge, is subject to a fine
for each offense by the state institutions under the jurisdiction
of the governing board of Marshall University and for the state
institution of higher education known as West Virginia University
only, of up to $40, and at all other state institutions not less than $10 nor more than $20, the amount to be commensurate with the
severity of the offense.

(e) Each designated official of a state institution presiding
over a case under this section shall keep a record of every
citation which alleges a violation of the provisions, or the rules
promulgated in accordance with this section, and shall keep a
record of every official action in reference to the citation
including, but not limited to, a record of every plea of no
contest, conviction or acquittal, of the offense charged, and the
amount of the fine or civil penalty resulting from each citation.

(f) Whenever a vehicle is parked on any state institution
campus road, driveway or parking facility or area in a manner which
violates posted rules and substantially impedes the flow of traffic
or endangers the health and safety, in addition to issuing a
citation and any procedures set forth in this section, the
institution may remove the vehicle, by towing or otherwise, to an
area owned by the institution or areas designated for this purpose.
The vehicle, having been towed to the designated area or areas, may
be rendered immovable by use of locking wheel blocks or other
device not damaging to the vehicle. The state institution of
higher education shall maintain any vehicle towed in the same
condition as it was immediately prior to being towed, but is not
liable for any damage to a vehicle towed to, or kept in, a
designated area pursuant to this section. The state institution of
higher education shall pay for the cost of removing the vehicle and has a right to reimbursement from the owner for this cost and for
the reasonable cost of keeping the vehicle in the designated area.
Until payment of these costs, the state institution of higher
education may retain possession of the vehicle and the institution
shall have a lien on the vehicle for the amount due. The state
institution of higher education may enforce this lien in the manner
provided in section fourteen, article eleven, chapter thirty-eight
of this code for the enforcement of other liens. For the state
institutions of higher education under the jurisdiction of the
governing board of Marshall University and for the state
institution of higher education known as West Virginia University
only, this subsection also apply when a vehicle is subject to three
or more unpaid citations.

(g) If, at any time, Mountwest Community and Technical College
ceases to share a physical campus location with Marshall
University, it may not be included as an institution under the
jurisdiction of the governing board of Marshall University for the
purposes of subsections (c), (d) and (f) of this section.

Note: WV Code updated with legislation passed through the 2016 Regular Session
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